/>iOn September 12, 2025, China’s National People’s Congress (NPC) released the a Draft Revision of the Foreign Trade Law for comment (对外贸易法（修订草案）征求意见). The Draft includes four intellectual property articles, include new Article 32 regarding “establishing and improving overseas intellectual property warning and rights protection assistance information platforms.” The deadline for comment is October 11, 2025.
This Draft continues the trend of China issuing draft measures and regulations to warn Chinese companies on overseas intellectual property risks. For example, China’s National Intellectual Property Administration (CNIPA) released the Notice on Soliciting Public Opinions on the Implementation Measures for Intellectual Property Rights to Promote the Development of Private Economy in July 2025 that aimed, in part, to “enhance the professionalism and pertinence of the guidance provided by private economic organizations in responding to overseas disputes” and to “provide private economic organizations with early warning and information support for foreign-related intellectual property disputes.” That same month, the Ministry of Justice issued the Regulations of the State Council on the Settlement of Foreign-Related Intellectual Property Disputes (Draft for Soliciting Public Opinions).
A translation of the IP chapter follows. The full text of the Draft is available here (Chinese only).
Chapter 5: Intellectual Property Protection Related to Foreign Trade
Article 31
The state shall strengthen intellectual property protection related to foreign trade, and protect intellectual property related to foreign trade in accordance with laws and administrative regulations concerning intellectual property.
Where imported goods infringe intellectual property and endanger foreign trade order, the competent department of foreign trade under the State Council may take measures such as prohibiting, for a specified period of time, the import of relevant goods produced or sold by the infringer.
Article 32
The state shall carry out international exchange and cooperation on intellectual property related to foreign trade, actively promote foreign negotiations on intellectual property related to foreign trade, establish and improve overseas intellectual property warning and rights protection assistance information platforms, and enhance the intellectual property compliance levels and risk response capabilities of foreign trade operators.
Article 33
Where intellectual property rights holders engage in any of the following acts that undermine the order of fair competition in foreign trade: preventing licensees from challenging the validity of intellectual property in licensing contracts, imposing mandatory package licensing, or incorporating exclusive grant-back conditions in licensing contracts, the competent department of foreign trade under the State Council may take necessary measures to eliminate the harm.
Article 34
If any country or region fails to grant individuals or organizations from the People’s Republic of China national treatment in respect of intellectual property protection, or cannot adequately or effectively protect intellectual property in respect of goods, technologies or services from the People’s Republic of China, the competent department of foreign trade under the State Council may, in accordance with the provisions of this Law and other relevant laws and administrative regulations, and in accordance with international treaties or agreements which the People’s Republic of China has concluded or acceded to, take necessary measures in respect of foreign trade with that country or region.
